This is pretty typical of professional regulation language. Go look at your state's definition of "counseling" or "practice of law." At the limits, it covers almost any advice to anyone.
It's usually more difficult to sue, though. The power is usually given to some semi-governmental group. The Courts go out of their way to find professional regulations constitutional, and the regulators try to avoid claims that might get the entire regulation struck down. That's why Illinois never goes after non-commercial speculation about house prices.
But sometimes they overreach. There was an article in the WSJ a few days ago about some state's Barber Commission levying $50 fines on cosmetologists with striped poles out front -- for improperly implying that a licensed barber was on premises.
This woman probably isn't suing to enforce the regulation, as such. She could sue without the professional regulation, but the law sets a professional standard of care for appraisers that Zillow doesn't claim to meet, so she hopes it will help her case.
It's usually more difficult to sue, though. The power is usually given to some semi-governmental group. The Courts go out of their way to find professional regulations constitutional, and the regulators try to avoid claims that might get the entire regulation struck down. That's why Illinois never goes after non-commercial speculation about house prices.
But sometimes they overreach. There was an article in the WSJ a few days ago about some state's Barber Commission levying $50 fines on cosmetologists with striped poles out front -- for improperly implying that a licensed barber was on premises.
This woman probably isn't suing to enforce the regulation, as such. She could sue without the professional regulation, but the law sets a professional standard of care for appraisers that Zillow doesn't claim to meet, so she hopes it will help her case.